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Legal negotiation

Upon positive decision from Data Access Committee, the request is forwarded to legal facilitors of ELIXIR Luxembourg and templates of necessary legal documents are drafted.

Specifically, you will be requested to sign Data Use Agreement. Additionally, each member of your project is requested to sign Data Use Responsibilities Acknowledgement (DURA).

Data Use Agreement (DUA)

This agreement defines terms on which access to data is granted to data users, and the formally specifies allowed use of such data by the user institution and the data users. An example of the agreement can be accessed here.

The DUA ensures that:

  • The user institution has provided the list of users with access to the data and its update,
  • The data will be used only for the purposes for which it was requested,
  • The conditions of dissemination of the data will be respected.
  • The user institution will comply with the conditions that apply to them in terms of data protection, quality, and security.
  • You will recieve Data Use Agreement (DUA) and Data User Responsibility Acknowledgment (DURA) to be signed and returned.

Warning

Please do not sign the Data Use Agreement immediately. Review the document carefully and contact us with any comments or questions. Our legal team will then initiate the formal signature process to ensure that all agreed terms are accurately reflected.

Note

ELIXIR-Luxembourg will sign the agreement first, confirming that no unapproved changes have been introduced. You will then receive the final, signed version for signature on your side. After this, the legal framework for allowing access to data is properly set up and you will be able to obtain access to the desired datasets.

Data use agreement contains several annexes:

Annexes

  • Annex 1 – Data access request form The form filled in by the user when submitting initial request to access the data. This form collects information the requestor, requesting project. It also includes description of requested data and specific data use conditions.

  • Annex 2 – Standard Contractual Clauses (if applicable): When the requesting institution is established outside the European Economic Area (EEA), the data use agreement will include the Standard Contractual Clauses (SCCs).

These clauses serve as a legally recognized mechanism under the General Data Protection Regulation (GDPR) to ensure that any transfer of personal data to a third country provides an adequate level of protection.

By incorporating SCCs, both parties commit to maintaining GDPR-equivalent safeguards, addressing accountability, security measures, and enforceable rights for data subjects throughout the data processing lifecycle.

Data Use Responsibilities Acknowledgement (DURA)

This document establishes the principles of responsible data usage for all individuals seeking access to the data. An example of such document can be accessed here.

It clearly outlines their obligations regarding data quality, dissemination, transfer, protection, and security. Every member of the requesting project is required to review and sign this acknowledgement prior to gaining access. In addition, any new member joining the project must also complete and sign the form. Once signed, the document must be submitted to the ELIXIR Luxembourg data stewardship team before access rights are granted to the new member.

Granting Access to Data

Access to the data will be granted once all parties have signed the Data Use Agreement and the signed Data Use Responsibilities Acknowledgement (DURA) forms from all designated data users have been received. After these requirements are fulfilled, the requesting user will be provided with access to the data